Claimant v JW Distillers Ltd
Outcome
Individual claims
The tribunal found the dismissal to be unfair. However, the claimant bore some responsibility for the dismissal, leading to a 15% contributory conduct reduction. The respondent failed to follow proper procedure, resulting in a 25% ACAS Code uplift.
Facts
Mr Beaumont was dismissed by JW Distillers Ltd. He brought a claim for unfair dismissal representing himself. The respondent was represented by a company director. The dismissal occurred around November 2024, and the claimant found some alternative employment earning £460 over a 22-week period until April 2025.
Decision
The tribunal found the dismissal to be unfair. The claimant was awarded a total of £13,746 comprising a basic award of £2,942.29 and compensatory award of £10,803.71. The awards were subject to a 15% contributory conduct reduction but the compensatory award was increased by 25% for the respondent's failure to comply with the ACAS Code.
Practical note
Even where there is contributory conduct by the employee, failure to follow proper ACAS procedures can result in a significant uplift to the compensatory award that may exceed the contributory reduction.
Award breakdown
Adjustments
Claimant's conduct contributed to dismissal, resulting in 15% reduction applied to both basic and compensatory awards
Respondent failed to comply with ACAS Code on disciplinary procedures, resulting in 25% uplift to compensatory award
Case details
- Case number
- 6019002/2024
- Decision date
- 16 September 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- in house
Employment details
Claimant representation
- Represented
- No